LANDS, PUBLIC-Continued.

7. By Executive order of August 5, 1878, 50 acres of land were added
to the Fort Missoula military reservation, which was originally
established with an area of 640 acres by Executive order of Feb-
ruary 19, 1877. The land covered by these orders was formerly
within the Territory of Oregon; but under the act of March 2,
1853, chapter 90, establishing the Territory of Washington, it fell
within the latter Territory; and when the Territory of Montana
was created, by the act of May 26, 1864, chapter 95, it became a
part of that Territory, and so remained at the time said orders
were issued. By the act of February 14, 1853, chapter 69, it was
provided that all reservations theretofore as was as thereafter
made under the act of September 27, 1850, chapter 76 (which
applied to Oregon only), should as to forts be limited to not ex-
ceeding 640 acres at any one place; and the aforsaid act of May
26, 1864, declared that all laws of the United States not locally
inapplicable shall have the same force and effect within the Ter-
ritory of Montana as elsewhere within the United States: Held
that the act of 1864 was intended to give effect in Montana only
to such general laws of the United States as were not inapplica-
ble to that Territory, and not to legislation of a special or local
character; that the limitation of 640 acres was not made opera-
tive thereby in Montana; that the President was fully empow-
ered to make the order of August 5, 1888; and that while such
order remains unrevoked the land covered thereby is not open
to entry or settlement. 370.

8. The grant made by the act of March 3, 1875, chapter 152, of a
right of way through the public lands, with the necessary land
for stations, etc., was meant for railroad companies intending
to operate roads as common carriers for the benefit and conve-
nience of the public, and not for the benefit of the companies
solely. 546.

9. Where a railroad made application to the Secretary of the Interior
with a view to securing the benefit of the said act of 1875, and
its articles of incorporation and map of definite location were
approved by the Secretary, but it afterwards appeared that the
action of the Secretary was based upon a mistake of fact caused
by the representation of the railroad company itself, and that
the application was for a purpose not within the statute: Held
that it is competent to the Secretary to recall and annul his
action approving the line of definite location of the road and
entering the same on the public plats. 547.
10. The provision in the act of October 2, 1888, chapter 1069, reserv-
ing from sale or entry lands designated or selected for reservoirs,
ditches, or canals for irrigation purposes, and also lands made
susceptible of irrigation by such reservoirs, ditches, or canals,
operates as an immediate withdrawal of the lands thus de-
scribed from entry and settlement. 564.

11. The provision in the act of August 30, 1890, chapter 837, declaring

LANDS, PUBLIC-Continued.

that 66
no person who shall, after the passage of this act, enter
upon any of the public lands with a view to occupation, entry,
or settlement under auy of the land laws shall be permitted to
acquire title to more than 320 acres in the aggregate under all
of said laws," does not operate upon entries made prior to the
date of the act. 704.

12. An applicant who, by such prior entries, has already acquired
title to 320 acres is not thereby precluded from acquiring title
to an additional quantity, not exceeding 320 acres, by home-
stead entry, timber-land, or other claim under the land laws.
filed subsequent to the date of the act. Ibid.

LEASE.

See FUR SEALS; INDIANS AND INDIAN LANDS, 20, 23.

LICENSE.

Where application was made to the Secretary of War for license
to construct and maintain an irrigating ditch through the mili-
tary reservation at Fort Selden, N. Mex., the licensee to fur-
nish free to the United States all water required for military
purposes: Advised that, in view of the benefits to be derived
by the fort from the use of the water and other considerations, such
license may properly be granted under well-considered restric-
tions and revocable at the will and pleasure of the Secretary.
628.

See STEAM ENGINEERS.

MAIL CONTRACT.

See CONTRACT, 5.

MAIL MATTER, DIRECTIONS ON.

See POSTAL SERVICE, 7.

MANUFACTURER'S STATEMENT.

See CUSTOMS LAWS, 27, 28.

MARINE CORPS.

1. The phrase, "by reason of absence from his command at the time
he became entitled to his discharge," as used in the first section
of the act of August 14, 1888, chapter 890, is to be regarded as
equally applicable to the date when the term of enlistment of the
applicant expired, and to the date when he would have received
his discharge along with other enlisted men with whom he served,
had he been present. 221.

2. The proviso in the third section of that act is applicable to the latter
section alone. Ibid.

3. The act of February 9, 1889, chapter 119, "to provide for the de-
posit of the savings of seamen of the United States Navy," does
not extend to enlisted men of the Marine Corps. 616.

MARINE CORPS-Continued.

4. The provisions of section 1 of the act of June 16, 1890, entitled
"An act to prevent desertions from the Army, and for other pur-
poses," are applicable to enlisted men of the Marine Corps by
force and effect of section 1612, Revised Statutes; but those of
sections 2, 3, and 4 of that act are inapplicable thereto. Ibid.

MARSHAL.

See COMPENSATION, 6.

MARSHAL OF INDIAN TERRITORY.

See INDIAN TERRITORY, 1, 2, 3.

MASSACHUSETTS, CLAIM OF.
See CLAIMS, 9, 10.

MEDICAL CORPS OF THE NAVY.
See NAVY, 1, 2.

MEMBER OF CONGRESS.

See FRANKING PRIVILEGE.

MILITARY FORCES, EMPLOYMENT OF.

1. Question as to what extent and under what circumstances the mil-
itary forces of the United States may be used for the protection
of life and property in Alaska, considered; and the views ex-
pressed in a former opinion, dated April 18, 188) (ante, p. 293),
submitted as covering the question. 368.
2. The provision in section 15 of the act of June 18, 1878, chapter 263,
forbidding the employment of the Army as a posse comitatus for
the purpose of executing the laws, does not abridge the power
to use any part of the land or naval forces, or militia, for the
purposes set forth in section 1989. Revised Statutes. 570.

MILITIA.

1. Provisions of section 1661, Revised Statutes, and of the act of Feb-
ruary 12, 1887, chapter 129, touching the distribution of arms to
the militia of the several States and Territories, considered. 61.
2. Where a State or Territory had an unexpended balance to its
credit, under the old law, on June 30, 1887, which still remains
available, such balance can be drawn upon to supply ordnance
stores to it. Ibid.

3. But where the quota belonging to any State or Territory, under
the old law, has been overdrawn, the amount overdrawn is not
to be charged to such State or Territory under the new law.
Ibid.

MOLASSES.

See CUSTOMS LAWS, 35.

NATIONAL BANKING ASSOCIATIONS.

1. The expenses of proceedings instituted by the Comptroller of the
Currency for the forfeiture of the charter of a national banking
271-VOL XIX-48

NATIONAL BANKING ASSOCIATIONS-Continued.

association, including the fee of the United States attorney for
his services in such proceedings, should be defrayed out of the
funds or assets of the association.

633.

2. What would be a reasonable fee for the services of the district at-
torney depends upon the circumstances of the particular case.
Ibid.

See ALASKA, 1; INDIAN TERRITORY, 4; OKLAHOMA, 3, 5.

NAVAL ACADEMY.

1. Where certain naval cadets were found deficient at the semi-
annual examination held at the Naval Academy in January,
1889, and, without the recommendation of the Academic Board,
were granted leaves of absence by the Secretary of the Navy
with permission to report to the Superintendent of the Academy
to join the next fourth class: Held that the Secretary had no
power to continue these cadets in the Academy without the rec-
ommendation of the Academic Board. 302.

2. Where a naval cadet tendered his resignation, and it was accepted
by the Secretary of the Navy and the cadet duly notified thereof,
but in a short time (about two weeks) afterwards the cadet
made application to withdraw his resignation, which was
granted by the Secretary, who at the same time instructed him
to report to the Superintendent of the Academy: Held that by
the resignation and its acceptance the relations of the cadet
with the Naval Academy were completely severed and his posi-
tion there became vacant; that he could not be reinstated other-
wise than by an appointment in conformity to sections 1514 and
1515, Revised Statutes; and that the action of the Secretary in
permitting the withdrawal of the resignation after its acceptance
had no legal effect whatever. 350.

3. Where certain members of the graduating class at the Naval
Academy were reported as physically disqualified for the naval
service, but as mentally and professionally qualified, and were
placed among the "surplus graduates:" Advised that under the
acts of August 5, 1882, chapter 391, and March 2, 1889, chapter
396, they were each entitled as such surplus graduates to a
certificate of graduation, an honorable discharge, and one year's
pay, and that there is no authority in the law for stating in
such certificate the physical disqualification of the graduate.
358.

1. In the organization of the Medical Corps of the Navy a passed as
sistant surgeon and an assistant surgeon are officers of one and
the same grade, but belong to different classes in such grade. 169

NAVY-Continued.

2. A passed assistant surgeon is simply an assistant surgeon who has
been officially notified that he has passed successfully the exam-
ination necessary to be undergone before he can be appointed a
full surgeon when a vacancy occurs. Ibid.

3. The phrase, "by reason of absence from his command at the time
he became entitled to his discharge," as used in the first section
of the act of August 14, 1888, chapter 890, is to be regarded as
equally applicable to the date when the term of enlistment of
the applicant expired and to the date when he would have re-
ceived his discharge along with other enlisted men with whom
he served had he been present. 221.

4. The proviso in the third section of that act is applicable to the latter
section alone.

Ibid.

5. The words "exclusive of armament," as used in the first section of
the act of August 3, 1886, chapter 849, are not to be understood
as excluding the offensive armament, such as guns, torpedoes,
etc., only; the term "armament" comprehending, besides those
articles, such shields and protections as are directly and neces-
sarily connected with the efficient and safe working thereof. 235.

NAVY DEPARTMENT, BUREAU OFFICERS IN.

1. A naval officer assigned to duty as an assistant to the chief of a
bureau in the Navy Department is not authorized by section 178,
Revised Statutes, in case of the death, resignation, absence, or
sickness of the latter (where the President has not otherwise di-
rected, as provided by Sec. 179, Rev. Stat.), to perform the du
ties of such chief until his successor is appointed or until his
sickness or absence shall cease. 503.

2. The phrase "assistant or deputy of such chief," etc., in said sec-
tion 178, is to be construed as including an assistant or deputy
only whose appointment is specifically provided for by statute.
Ibid.

NAVY PENSION LIST.

The revenue cutters employed in carrying out the order issued by
President Lincoln to the Secretary of the Treasury, dated June
14, 1863, were, while so employed, coöperating with the Navy
by order of the President; and if any of the officers or seamen
thereof, during such employment, were wounded or disabled in
the discharge of their duty, they became entitled to be placed
on the Navy pension list at the same rate of pension and under
the same regulations and restrictions as are provided by law for
the officers and seamen of the Navy. 505.

NOLAN LAND CLAIM.

See LANDS, PUBLIC, 1, 2.

NO MAN'S LAND.

1. The strip of territory known as "No Man's Land" not being
within any existing judicial district, punishment of crime com-